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(영문) 서울중앙지방법원 2019.02.13 2019고정32

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall lend a means of access while demanding, demanding or promising the payment in using or managing the means of access to electronic financial transactions.

Nevertheless, around June 2018, the Defendant listened to the statement that “I will pay KRW 3 million if I lend the passbook” from a person who misrepresented to “the Director of the Bank of Korea Co., Ltd.” and accepted the statement, and around June 19, 2018, the Defendant issued a letter of check card linked to the account in the name of the Defendant to Kwikset Bank (D) in the name of the Defendant through Kwikset in the vicinity of the Seoul Kwikset Station.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on damage;

1. Application of the Acts and subordinate statutes to a detailed statement of entry and departure transactions, search, seizure, verification warrant and new data;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense; selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reason for sentencing under Article 186(1) of the Criminal Procedure Act, which bears the cost of lawsuit, appears to have been used in committing fraud, and is disadvantageously unfavorable.

However, there are extenuating circumstances, such as the fact that the Defendant would be deemed to have committed the instant crime by deceiving another person, and the fact that the Defendant seems to have committed the instant crime while recognizing the instant crime.

In full view of such circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, all the sentencing conditions specified in the arguments in this case shall be determined as ordered.